[Adopted 7-28-1987 by Ord. No. 8-87; amended
in its entirety 8-10-1993 by Ord. No. 18-93 (Ch. 102 of the 1974
Code)]
As used in this article, the following terms
shall have the meanings indicated:
Containers made exclusively of aluminum which are used to
hold beverages.
Crushed or shredded automobile and truck bodies.
Automobile and truck batteries; does not include household
batteries.
Consisting of or relating to two metals; also includes tin
cans.
All small trees, shrubs, limbs and branches.
Any nonresidential building, structure or establishment,
including but not limited to those used for retail, wholesale, offices,
professional services, shipping and receiving areas, cafeterias, automobile
service, restaurants and dining areas and taverns.
Herein the term used to identify a type of paper in which
a portion has been made to have a wavy surface (alternating ridges
and grooves) and is placed between two flat surfaces for the sake
of strength and which is commonly used to form cartons.
Those recyclable materials listed in the Passaic County District
Recycling Plan which are mandated to be collected for recycling. These
materials may be expanded as viable markets are found.
Derived from, containing or alloyed with iron or steel.
All food waste that is recycled or rendered, such as meat
bones, frying oil or institutional kitchen waste.
Bottles and jars made of silica, soda ash and limestone being
transparent and/or translucent and breakable; also includes window
glass.
All grass clippings that are composted in combination with
other vegetable waste.
Papers generally used in an office environment that are of
high quality and include, but not limited to, computer, letterhead,
ledger and photocopy paper.
An established organization or foundation dedicated to public
service or culture, including but not limited to religious, educational,
health care and governmental establishments.
Refers to fallen leaves.
Includes all unsoiled paper materials such as magazines,
junk mail, books (not hard-covered) and manila folders, but not necessarily
limited to these materials.
Any building or structure of one or more stories and any
land appurtenant thereto, any portion thereof, in which two or more
units of dwelling space are occupied or are intended to be occupied
by two or more persons who live with and/or independently of each
other. This definition shall also mean any group of five or more buildings
on a single parcel of land or on contiguous parcels under common ownership,
in each of which two units of dwelling space are occupied or intended
to be occupied by two persons or households living independently of
each other, and any land appurtenant thereto and any portion thereof.
This definition shall also include apartments, townhouses, condominiums
and retirement communities. "Condominiums" as used herein shall include
the form of ownership of real property under a master deed providing
for ownership by one or more owners of units of improvement together
with an individual interest in common elements appurtenant to each
such unit.
Includes paper of the type commonly referred to as "newsprint"
and distributed at stated intervals, usually daily or weekly, having
printed thereon news and opinions and containing advertisements and
other matters of public interest.
Any molded substance (PET and HDPE) consisting of organic
compounds synthesized from hydrocarbons, proteins, cellulose or resins
commonly used for beverage and food containers.
Any process by which materials which would otherwise become
solid waste are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
Any person who owns, leases and/or occupies a dwelling within
the municipality, including those in multifamily dwellings and/or
single-family developments.
Refers to all garbage and rubbish normally placed at the
curb for collection on a regular schedule.
Preventing the actual generation of waste, eliminating the
need to manage that material later as recyclable or nonrecyclable
waste and therefore reducing the economic and environmental impact
of both recycling and waste disposal.
Recyclable materials which are kept separate and apart from
residential, commercial and institutional solid waste by the generator
for the purposes of collection, disposition and recycling.
A continuous solid or pneumatic rubber cushion encircling
a wheel usually consisting, when pneumatic, of an external rubber
and fabric covering that contains and protects from injury an air-filled
inner tube for use on a motor vehicle not for commercial use. A "tire"
as defined herein shall have the rim removed.
All oil from internal-combustion engines, transmissions,
differentials, etc., that are collected by a New Jersey Department
of Environmental Protection (NJDEP) registered hazardous waste transporter.
Any used refrigerator, stove, washing machine, dryer, etc.;
pieces of ferrous/nonferrous scrap metal that can be placed at the
curb for collection.
A.
On or after the date of final approval of this article,
it shall be mandatory for all residential, commercial and institutional
inhabitants of the Borough of Totowa to source-separate designated
materials from all other solid waste for recycling.
B.
Residential developments (single and multifamily) shall be responsible for establishing and maintaining recycling programs for the collection of designated recyclable materials listed in § 3411, Definitions, and § 341-3, Program responsibilities and descriptions. These materials are to be stored for collection by the municipality, a private recycling vendor or deposited at the municipal recycling depot. If not served by the municipality, a documentation of tonnage of materials recycled must be submitted in accordance with § 341-5, Documentation.
C.
Commercial establishments and institutions.
(1)
Commercial establishments and institutions shall be
responsible to separate newspaper, leaves, corrugated and high-grade
paper for source separation and recycling along with glass food and
beverage containers, aluminum beverage containers, tin and bimetal
cans, plastic containers and film (PET and HDPE), PVC, mixed paper
(magazine, junk mail and unsoiled scrap paper), white goods, ferrous
and nonferrous scrap metals (by January 1, 1992, as to metals only),
construction and demolition debris recyclable components, which are
concrete, brick, block, asphalt, asphalt-based roofing scrap, tree
stumps/trunks by January 1, 1992, tires, used motor oil, batteries,
brush (by April 15, 1993), grass (by April 15, 1994), and food waste
by restaurants and taverns (by January 1, 1993) and additional mandated
recyclable materials may be added as viable markets are found to be
collected for recycling in the commercial and institutional sectors
of the community. Each commercial establishment and institution shall
be responsible for establishing and maintaining their own collection,
transportation and marketing of designated recyclable materials, unless
the municipality has agreed (individually) to provide this service
or allow the use of the municipal depot for drop-off. Documentation
of tonnage of material recycled must be submitted in accordance with
the provisions of this article. From time to time, as it is established
that markets have been secured for certain materials, commercial establishments
and institutions shall be responsible to separate such materials.
(2)
Self-audit waste surveys will be required to be performed
in the commercial/industrial sectors in a phased-in manner (businesses
with more than 500 employees by 1992, with more than 250 employees
by 1993, with more than 100 employees by 1994 and with more than 50
employees by 1995) with waste reduction plans to be submitted to the
County Recycling Coordinator and copied to the Municipal Recycling
Coordinator.
D.
All sectors will be notified at least every six months
of the provisions of this article and the various responsibilities
each sector has for recycling. This may include, but may not be limited
to, direct mail, notifications, posted community calendars, notices
in public places and/or newspaper advertising.
A.
All residents of single-family and two-family units
shall separate for curbside pickup aluminum beverage containers, glass
food and beverage containers and newspapers as follows:
(1)
Aluminum beverage containers shall be rinsed clean
and contained in a reusable metal or plastic receptacle.
(2)
Glass food and beverage containers shall be cleaned
and separated by color and contained in a reusable metal or plastic
receptacle.
(3)
Newspapers shall be tied in bundles not to exceed
one foot high and shall not contain magazines, telephone books, other
books or brown paper bags.
(4)
All such recyclables shall be placed at the curbside
no earlier than 6:00 p.m. on the day before and no later than 7:00
a.m. on the day in question for curbside collection.
(5)
In addition, appliances and scrap metal, leaves and
brush will be collected at curbside by following the special instructions
in the Borough of Totowa Annual Recycling and Garbage Schedule and/or
any updates to such schedule.
(6)
Other materials classified as recyclable shall be
separated and brought to the Totowa Recycling Center as per instructions
in the Borough of Totowa Annual Recycling and Garbage Schedule. These
include plastic soda, milk and detergent bottles, tin and bimetal
cans, corrugated cardboard, auto tires, auto batteries and motor oil,
grass clippings, aluminum cans, glass food and beverage containers
and newspapers.
B.
Other dwelling units such as condominiums, if not served by the municipality, shall ensure that a recycling program of designated recyclable materials is in place, and the owner/manager of the units shall send quarterly recycling tonnage reports/documentation to the Municipal Recycling Coordinator according to § 341-5, Documentation.
D.
Borough of Totowa Recycling Center is located at 136
Furler Street (DPW yard). Hours open are Monday through Friday, 8:00
a.m. to 3:30 p.m., and Saturday from 8:00 a.m. to 1:30 p.m. Telephone
numbers are 256-0198 and 256-0120. All who use the Recycling Center
shall follow instructions as posted or as instructed by the municipal
employees.
The collection, removal and disposal of those recyclable materials as mentioned in §§ 341-1 and 341-3 herein shall be scheduled and regulated by the establishment and promulgation of reasonable regulations, from time to time, by the Municipal Clerk, in conjunction with the Municipal Recycling Coordinator, who shall establish the time, manner and method of routes of service for recycling pickup. The Borough will notify all sectors at least two weeks in advance prior to any change in the collection schedule. Such notification may include, but not be limited to, direct mail, posting of notices in public places and newspaper advertising.
A.
All commercial, institutional, multifamily developments
or single-family units who are not serviced by the municipal recycling
collection system must submit recycling documentation on a quarterly
basis to the Municipal Recycling Coordinator. Due dates for such reports
are:
|
Reporting Period
|
Due Date
| |
|---|---|---|
|
January 1 to March 31
|
No later than April 8
| |
|
April 1 to June 30
|
No later than July 8
| |
|
July 1 to September 30
|
No later than October 8
| |
|
October 1 to December 31
|
No later than January 8
|
B.
The Municipal Recycling Coordinator will compile all recycling documentation and report to the Passaic County Recycling Coordinator on a quarterly basis by the 15th of the due date months stated above. Those not complying will be subject to the enforcement penalties defined in § 341-9, Violations and penalties.
C.
The Municipal Recycling Coordinator will compile and
submit documentation indicating compliance with yearly municipal recycling
certification requirements to the County Recycling Coordinator by
April 15 of each year for information on the previous calendar year's
activities for certification purposes.
D.
Requirements for the yearly municipal recycling certification
indicating ongoing program compliance are as follows:
(1)
Local Recycling Ordinance and Master Plan requirements
in full compliance with County District Recycling Plan and state regulations,
with submission of any and all additions or deletions.
(2)
Previous year's recycling recovery goal met.
(3)
Samples of two publicity outreach mechanisms and description
of distribution to each sector.
(4)
All quarterly reports filed with the County Recycling
Coordinator.
(5)
Completed state tonnage grant application submitted
on time to both the NJDEP and county.
(6)
Report on enforcement efforts in all sectors.
All receptacles required herein shall be supplied
by the occupant or owner of the premises, and all recyclable material
receptacles shall be placed, prior to collection, between curb and
sidewalk where they shall be readily accessible to the collector.
Receptacles should be placed curbside no earlier than 6:00 p.m., the
day prior to collection. The occupant or owner shall keep all receptacles
clean and in condition for safe handling. After collection, any empty
receptacles shall be removed from curbside promptly, but not later
than 7:00 p.m., of the day of collection.
Recycling materials placed at the curb are the property of the Borough of Totowa or its authorized agent or an authorized agent of the establishment, where private collection is being conducted. It is a violation of this article for any person unauthorized by the Borough of Totowa to collect, pick up or cause to be collected or picked up any recyclable. Any and each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided in § 341-9, Violations and penalties.
The Police Department, the Municipal Recycling
Coordinator, the Health Department, the Department of Public Works,
the County Health Department or any citizen of the Borough of Totowa
may enforce the provisions of this article. The enforcement agent
for the Borough of Totowa and/or its Municipal Recycling Coordinator
or its designated agent shall be responsible for the inspection of
solid waste and/or recyclables in all sectors in order to determine
any noncompliance with this article. Such inspections shall include
but not be limited to those made on a random basis, at a frequency
of at least one per month per collection route.
A.
Any person, firm or corporation who or which violates
or neglects to comply with any provisions of this article or any rules
or regulations promulgated thereto after two warnings shall, upon
conviction thereof, be punishable by a fine of not less than $100
and not to exceed $1,000. A separate offense shall be deemed committed
for each and every act or occurrence which violates the terms of this
article.
B.
Any person, firm or corporation who or which, without
authority from the Borough of Totowa, removes items placed at curbside
pursuant to and in accordance with the provisions of this article
shall, upon conviction thereof, be punished by a fine of not less
than $500 and not to exceed $5,000 or by imprisonment for a term not
exceeding 90 days, or both, or community service for a period of not
less than 90 days. A separate offense shall be deemed committed for
each and every act or occurrence which violates the terms of this
article.
Any person who is an owner, lessee or occupant may donate or sell recyclable materials to any person, partnership or corporation (whether operating for profit or not for profit) as long as the recycling individual or company submits documentation to the Municipal Recycling Coordinator as described in § 341-5, Documentation.
A.
It shall be unlawful to combine designated, unsoiled
recyclables with other solid waste. Failure to separate designated
materials for recycling is a violation of this article and is punishable
under the provisions of this article.
B.
It shall be unlawful for solid waste collectors to
collect solid waste that contains visible signs of designated recyclable
materials. It is also unlawful for solid waste collectors to remove
for disposal those bags or receptacles of solid waste/recyclables
which visibly display a warning notice sticker or some other notification
indicating that the load of solid waste does contain recyclable materials
and therefore should not be removed for disposal.
C.
It shall be the responsibility of the nonrecycler
whose solid waste was not removed because it contained recyclable
materials to properly segregate the uncollected waste for proper recycling.
Allowing such unseparated refuse to accumulate will be considered
a violation of this article.
D.
It shall be unlawful for the generator not serviced
by the Borough of Totowa to fail to accurately record and report recyclables
that have been collected, stored, sold or otherwise disposed of.
